Distracted driving in its many forms poses one of the greatest motor vehicle safety risks to those on Mississippi roads. Drivers who are using a cell phone, eating, drinking, putting on makeup, reading or otherwise not focusing their full attention on traffic and the roadway cause many accidents. In a typical year, distracted drivers cause over 410,000 injuries and almost 3,100 fatalities according to the Department of Transportation website “Distraction.com.” Because of the alarming number of families who have their lives turned upside down by drivers who are not focused on driving, distracted driving may become a basis for imposing criminal liability on drivers.
A Massachusetts driver was recently convicted for motor vehicle homicide and a slew of other crimes related to a car accident caused by the driver who was engaged in text messaging at the time of the collision. The accident resulted in the death of a father of two small children and injury to two others. The district attorney in the case provided cell phone records for the teen driver, which revealed that the seventeen year old driver sent over 190 text messages the day of the fatal car accident. Some of the texts were sent immediately before the accident and dozens after the collision. The teen driver was sentenced to a year of jail time along with other penalties.
Most states including Mississippi have laws that impose criminal liability on drivers who engage in unsafe driving practices that result in serious injury or wrongful death. It is reasonable to presume that Mississippi prosecutors and those in other states may also start to pursue criminal charges against distracted drivers who cause car accidents resulting in personal injury or wrongful death because they are using a cell phone while driving. This criminalization of distracted driving particularly involving cell phone use seems appropriate given that the scope and the danger associated with texting and talking on a cell phone while driving is similar to DUI/DWI.
There may be significant advantages for car accident victims injured by distracted drivers if prosecutors pursue criminal liability for drivers that are texting or calling on a cell phone when they are involved in a collision. For example, personal injury and wrongful death injury victims may be able to use the doctrine of negligence per se when the ban on text messaging is violated. Negligence per se essentially provides that someone who violates a public safety law may be held strictly liable for any injuries caused by the driver’s violation. Because bans on text messaging are designed to protect other drivers, passengers and pedestrians, a violation of a law prohibiting texting and driving may facilitate proving liability in a personal injury lawsuit based on negligence per se.
If you or someone you love have been injured in a Mississippi auto accident involving a distracted driver using a cell phone our experienced Mississippi distracted driving auto accident attorneys can analyze your case and advise you of your rights. If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, our experienced Mississippi car accident attorneys at Barrett Law represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376. Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.
